Bill 28-0044_minor Identification And Protection Act (s. Sanes)

COMMITTEE ON PUBLIC SAFETY, HOMELAND SECURITY AND JUSTICE

BILL NO.

28-0044

Twenty-Eighth Legislature of the Virgin Islands

May 12, 2009

An Act amending 34 V.I.C., enacting the “Minor Identification and Protection Act”; and for other purposes

PROPOSED BY:

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Senator Neville A. James

WHEREAS, senseless youth violence in the Virgin Islands continues to escalate; and

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WHEREAS, school truancy in the Virgin Islands is rampant without the

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necessary youth identification credentials to assist the law enforcement community in

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stemming this trend; and

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WHEREAS, criminal minded individuals have infiltrated and taken abode in abandoned houses and occupancy vacant public housing community apartment; and WHEREAS, the actions of these individuals are influencing and recruiting minors of these areas to become participants in illegal and immoral acts; and

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WHEREAS, the Minor Identification and Protection Act will mandate all minors

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to attain official identification and have with them at all times when in public; Now,

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Therefore,

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Be it enacted by the Legislature of the Virgin Islands:

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SECTION 1. Title 34 Virgin Islands Code, is amended by adding a new chapter 14a to read:

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“Chapter 14a. Minor Identification and Protection Act §430. Short Title

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This chapter may be cited as “The Minor Identification and Protection Act”. §431. Definitions

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For the purposes of this Act, unless the context otherwise requires, the terms used herein shall have the following meanings ascribed to them:

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(a)

"Minor" means a person between the age of 10 and less than 18 years of

age; and

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(b)

"Parent" means the natural parent, adoptive parent, legal guardian or

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custodian who has legal custody of the minor.

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§432. Identification Card Issuance and Requirements

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(a)

Every minor in the Virgin Islands shall attain an identification card from

either:

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(1)

Virgin Islands Police Department; or

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(2)

Department of Motor Vehicles

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(b)

The identification card shall display the following information:

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(1)

Name of minor;

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(2)

Physical Address;

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(3)

Present School attending;

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(4)

Present Grade;

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(5)

Emergency contact person; and

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(6)

Emergency contact number.

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§433. Responsibilities (a)

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(1)

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obtain an identification card for the minors in their care as defined

by this chapter; and

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Parents shall:

(2)

keep in their possession, at all times, an identification card for the

minors in their care as defined by this chapter; (b)

Minors required to attain an identification card shall:

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(1)

carry their identification card at all times, when in public; and

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(2)

Display their identification card upon the request of any law

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enforcement officer.

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§434. Penalties

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(a)

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Any person who facilitates, forges or manufactures a false identification

card for a minor shall be subject to the penalties of 14 V.I.C. §791. (b)

Any minor, as defined in this chapter, not in possession of an

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identification card shall be apprehended and the parents or legal guardians may be

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charged pursuant to 14 V.I.C. §481(a).”

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SECTION 2. Title 14 Virgin Islands Code, §481, subsection (a) is amended after

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the phrase “Superior Court of the Virgin Islands” insert “or omits the performance of the

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duty of minor identification as set forth in chapter 14a of title 34 Virgin Islands Code,”.

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SECTION 3. This act shall take effect on September 1, 2009.

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BILL SUMMARY This bill amends 34 V.I.C. by creating a new chapter 14a entitled “The Minor Identification and Protection Act”.

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Section 1 defines parent and minor for purposes of this act, sets forth the

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identification card procedure and requirements, the responsibilities of both parents and

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the minor and sets forth penalties for violations and fake identification cards.

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Section 2 amends 14 V.I.C., §481(a) as it relates to “Neglect of parental duty”,

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including it as a penalty for failure to procure the necessary identification cards.

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Section 3 states that the act’s effective date is September 1, 2009.

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BR09-0299 / March 17, 2009 / PFA